Jackson, Re [2002] EWCA Civ 562 (15 April 2002)

Jackson, Re [2002] EWCA Civ 562 (15 April 2002)

Post-conviction, the privilege against self-incrimination argument is no longer tenable, and any fairness arguments regarding disclosure can be raised in confiscation proceedings. The appeal is dismissed as the remaining ground lacks merit.

Citation
[2002] EWCA Civ 562
Parties
Appellant: George Jackson; Respondent: HM Customs and Excise
Jurisdiction
England and Wales
Judgment Date
15 April 2002
Procedural Posture
Appeal / Appeal Against Refusal to Vary Restraint and Disclosure Order
Outcome
Appeal dismissed
Legal Topics
Restraint Orders, Disclosure Orders, Privilege Against Self Incrimination, Confiscation Proceedings, Article 6 ECHR
Criminal Law Civil Procedure Restraint Orders Disclosure Orders Privilege Against Self Incrimination Confiscation Proceedings Article 6 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

George Jackson

Appellant

HM Customs and Excise

Respondent

Procedural Posture

Appeal / Appeal Against Refusal to Vary Restraint and Disclosure Order

Legal Issues

  1. 1 Whether paragraph 3 of the restraint and disclosure order contravenes the privilege against self-incrimination
  2. 2 Whether post-conviction, the order remains lawful and fair under Article 6 ECHR

Ratio Decidendi

Post-conviction, the privilege against self-incrimination argument is no longer tenable, and any fairness arguments regarding disclosure can be raised in confiscation proceedings. The appeal is dismissed as the remaining ground lacks merit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed